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contamination or alleged contamination of the Boll or:groundwater of the Property, or from the environmental condition of the
<br />Property.
<br />3. Purchaser hereby grants to Seller, its° fgerits,;errfplieyees`R-successors and assigns, the irrevocable right to enter upon the
<br />Property, from and after the date of transfer of title, f.4,0he purpose of (I) engaging in environmental assessments, inspection.
<br />and remediation, including but not limited Ito the'installation of such facilities and the conduct of such activities as deemed
<br />necessary or advisable by Seller, In its soge discrefiart;•or ae.are.required by governmental authorities having jurisdiction, for a
<br />period of time required to comply with an$/flappiloaafe; envirorfrimental law or regulation .affecting the Property and (11) removing
<br />from the Property any such property andequfpmenr not sold pursuant to the Contract. Seller shall not be liable for any
<br />damages to the Purchaser, direct or indirerrf, resuitirig= rdni. contamination of the Property existing on the date of transfer of title,
<br />or for any interruption or interference with ahy:businees or:aotivities being conducted on the Property, or loss of opportunity, or
<br />any other loss, damage, costs or expense;p+any:kindlwhatsoever, caused by or resulting from the condition of the Property, or
<br />the performance of any activities authorizld .herein; provided, however, Seller shall use reasonable efforts to minimize such
<br />interruption or interference. Purchaser ahlees..to aopperat fully with Seller in the performance of the activities authorized
<br />herein so as to minimize the time and expense tb.Seller,Incltding the. grant of access to on -site utilities (e.g., electricity, sewer,
<br />and water), if required for such'activities;-aid further agrees t1jat, during the period of any assessment or remediation activities ,
<br />by Seller (x) no construction or Improver►iejnts shall be, permitted on the Property which would impede or restrict access to
<br />monitoring wells, remediation or monitorin'equipment, arid the hydrocarbon plume, or which would modify or affect the size,
<br />location or nature of the hydrocarbon 14fume; • irtth4ut thee, prior written consent of Seller, which consent shall not be
<br />unreasonably withheld; and (y) no gasoline= &lel dr other motor..fueis shall be sold, handled or stored on the Property:
<br />4. Purchaser warrants that no promise Qt inducement. had ,been offered except as set forth herein; that this Release and
<br />Right -of -Entry is executed by 'Purchaser ;wlthout_ rellance :uldon any statement or .representation by Seller, its agents or
<br />employees, concerning the medsure of extOnt of`.anycar tarnrr Lion or the legal liability therefore; that Purchaser is of legal age;
<br />legally competent to execute this Release -end Right-pf=Enti7!i and accepts full responsibility therefore; that this Release and
<br />Right -of -Entry contains the entire agreemetit.betuvQen Purchasser and Seller with respect to this matter; and that the terms of
<br />this Release and Right -of -Entry are contractual arid°not; mer-ely`recital,
<br />THIS RELEASE AND RIGHT -OF -ENTRY, phd each of the covenants herein contained shall run with the land and be binding
<br />upon the grantees, assigns and other successors in title or interest of Purchaser.
<br />SIGNED AND SEALED this day of , 2005.
<br />SELLER:
<br />BP.PRO9UCTS NORTH AMERICA INC.,
<br />fide Amoco Oil Company
<br />By:
<br />• Its:
<br />PURCHASER:
<br />CITY OF RAMSEY
<br />- By;
<br />By:
<br />DRAFTED BY:
<br />Larkin, Hoffman, Daly & Lindgren, Ltd.
<br />7900 Xerxes Avenue South, Suite 1500
<br />Minneapolis, MN 55431 (TFA)
<br />Page 2- Release and Right -of -Entry
<br />Its:
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